Posts Tagged → legislature
John Arway gone away, but not forgotten
Beyond nailing down and putting the finishing touches on some epic large land conservation transactions, my summer and Fall of 2003 were spent politicking and angling for the executive director position at the Pennsylvania Fish & Boat Commission. After ten years, the last ED had recently left as most EDs leave these posts – everyone involved all too happy to not see one another again.
The door was wide open for a fresh newcomer, someone not from within the agency, for the first time in as long as anyone could recall. I knew I had a shot, and so did my supporters. I was excited.
As I met with elected officials and conservation leaders, presenting my own “impressive” credentials and qualifications for the job, and trying to amass my support from people who mattered, a single name kept coming up: John Arway.
Who was this faceless John Arway guy, who so many of the active conservationists mentioned? I had never seen him at a meeting, or at a land dedication ceremony, nor had we testified at the same legislative hearing. But many in-the-know conservationists knew him, or of him, and they were quietly supporting him for the ED job, increasingly so as we got closer to the interview process in December.
Many other ED candidates were emerging, some really impressive, and some less so. My own self-promotion continued up to the beginning of deer season, and then I sat back for the following couple of weeks to see how it would all play out.
I was granted an interview with the PFBC board of commissioners, and in fact I ended up being the very last one interviewed out of six candidates. But as soon as the interview process began the back channel scuttlebutt was that the real contest was already well under way, the board split evenly between wanting Arway, or the agency’s long-time legal counsel, Dennis Guise, as the alternative.
Raging through and beneath the calm surface of the rote, officially procedural, professional interview process, the two main candidates fought each other tooth and nail, each calling up bigger, better, more powerful allies. In the end, it was not a question of qualifications, but of ….well, one of those simple things guys fall back on when measuring up an opponent. “Size.”
So to say. Because both guys were equally competent, just each differently endowed with important skills the agency needed. It was an impossible choice between the two of them.
This battle royale ended the day before I was interviewed, with the board hopelessly deadlocked between the policy weenie Arway, and lawyer Guise. With the two accomplished men set aside, the board was now looking for a “dark horse” candidate without war baggage, who could salvage the situation and bring peace and unity unto the bruised agency’s divided ranks and leadership factions.
In the end, Doug Austen, PhD, was selected over me to run the agency. The chairman and several of my advocates on the board took me aside and explained that Doug had beaten me by 3/100’s of a point, and that the ED decision had come down to that: How many points did the next best candidate have. It was a very close decision, as close as any decision could ever be.
Austen went on to run PFBC for about four years, and as he has a PhD in fisheries biology, he eventually begged off for less political drama and more biology and went on to his next neat job with the US Fish & Widlife Service. Today Doug happily runs the American Fisheries Society, I happily run my own small conservation-driven small business, and boy, did John Arway end up running PFBC.
When Austen left PFBC, Arway was better positioned to take the helm, and immediately take it by storm did he ever. From deep within the agency’s rubber-meets-the-road programs, Arway brought to light and into implementation long simmering policy addressing natural gas fracking, combined sewage overflows from too much rain overrunning sewage plants, trout stocking, non-native invasive plants and fish, the sustainable economics of fishing, and many many more big and important policy questions that had sat dormant for way too long.
Arway’s personal style is easy, smiling, genuine, with a natural affability that helps him slide the medicine in. The medicine being those long-put-off policies that no one had the balls to deal with, and which John knew to be too important to ignore any longer.
Fact is, the Pennsylvania legislature is full of career politicians who refuse to make difficult decisions, for fear of upsetting the voters and possibly losing their artificially cushy jobs. And so Arway made those tough and necessary decisions for them.
The legislature did not like that.
True to form, the careerist politicians wanted to both hinder Arway and second-guess him, without ever providing alternative decisions that would save or protect our state’s incredible natural resources. At the end of all this bad government on full display to we taxpayers who underwrite it, Arway was ironically held up by the dithering careerist politicians as an example of a careerist bureaucrat long past his own use-by date. And so the legislature began to ever increasingly squeeze PFBC, financially, politically.
John Arway fought as only the honestly passionate can fight, with everything he had, without regard for his own personal longevity. Like Neo, the hero in The Matrix movie, John magically dodged every bullet fired at him, every knife stabbed at his back, and every rug pulled out from under his feet. And through it all he maintained that affable personality and firm determination to “do the right thing.”
If you didn’t know John Arway before he became PFBC ED, you knew soon after that he was one of the last of the conservation warriors cut from an old die that has long corroded and may now be broken and long lost. It is tough to imagine that any Pennsylvania resource agency will find and also choose again a tough leader and fearless resource advocate like Arway.
John recently retired from PFBC. Though he had every right to do so, he did not whine, he did not take shots at his enemies or opponents, he did not complain. Rather, ever the real pro, he listed the many natural resource conservation achievements he wished he had time to win and which he hopes the next generation will pick up and carry over the goal line.
The board was loathe to let him go. His many, many supporters are sad to see him step down. If you like to fish or drink clean water, you are sad to see John go. Both Austen and I talk about what might have happened had Arway simply been selected as ED back in 2003 and gotten his conservation agenda under way earlier. I do not always agree with John Arway on policy, but I will always agree that John Arway should be in the policy driver’s seat.
We will miss you, John. Thank you for your service and for being the champion for the voiceless fish and the splashing mountain streams whose language we hear but do not understand.
PA Supreme Court Magically Turns Itself into Legislature
In an anticipated 4-3 partisan decision today, the Pennsylvania Supreme Court majority rejected the original and heavily gerrymandered map submitted by the PA Senate Republicans, as well as three heavily gerrymandered maps subsequently submitted in the past week by the PA House Democrats, PA Senate Democrats, and even PA Governor Tom Wolf.
Instead of declaring none of the legislative district maps to be constitutional, because theoretically none of them have met the constitutional tests for compactness and adhering to existing political boundaries, and instead of declaring the governor’s map completely unwelcome because it is not his role to draw voting district maps, the PA Supreme Court has actually drawn its own redistricting map.
No court anywhere has the constitutionally derived role of drawing voting district maps, and no court anywhere can justify doing so. According to the US Constitution, drawing voting district maps is specifically a state legislature role.
I will say that the latest map, drawn by the PA Supreme Court majority, looks better in some ways than the other four maps recently submitted for review. This map is certainly tighter and breaks fewer county lines than the others. In that sense, it is a more reasonable map.
But that is not the question.
The first question is, should Pennsylvania just get on with voting, as we are now running out of time for the primaries, and just use the established map, deficient though it may be?
The second question is, should the US Supreme Court allow the PA Supreme Court to, in effect, turn itself into a legislature, by performing a key function that is specifically relegated only to the state legislature by the US Constitution?
Hopefully, the US Supreme Court will deny the lower court’s power grab, and direct Pennsylvania to go on with the previous voting district map, flawed though it was, the greater interest being in letting voters have a say at all, as opposed to political elites pulling strings to keep themselves in power.
As imperfect as the legislative process is, and as distasteful as the gerrymandering process is, it is what it is, meaning that this is what we’ve got. No court can magically turn itself into another branch of government. So let’s go with the existing map we had six weeks ago, and get on with elections.
Don’t howl too loudly, Wolf Pack
If the Tom Corbett administration was marked by poor communications, unaccountable senior staff running amok in the name of their boss, a hands-off management style by the chief executive, and a general lack of charisma, there’s a good indication that the Tom Wolf administration is headed the exact same way for similar reasons.
And they might experience the same one-term result that marked Corbett.
Maybe Katie McGinty will run a right and responsive ship. Maybe John Hanger will avoid sharp conflicts with the Republican legislature. Those will be advantages over the Corbett administration. But the missing outside voices from across the aisle are an indication that an insular culture is already taking place. From insularity springs all kinds of foolish mistakes.
There will be time enough for natural disagreement. But unless the Wolf Administration wants to go down fighting from the beginning, and thus get saddled with a deadly four years of failure, they’d better start thinking hard how to navigate the minefield, to give and to take, to lead.
Tom Wolf & Republican legislature should agree on this, if nothing else
A version of the following essay was published by the Patriot News at the following URL: http://www.pennlive.com/opinion/2014/12/if_they_can_agree_on_nothing_e.html#incart_river
Conservation: An Area Where Democrat Tom Wolf and the Republican Legislature Should Agree
By Josh First
Land and water conservation are not luxuries, they are necessities in a world of growing demand for natural resources. As America’s population grows, the natural resources that sustain us, feed, us, cloth us, nurture us, warm us, and yes, even make toilet paper (and who can do without that), must be produced in ever greater supply.
Some of these resources are at static levels, like clean water, while others, like trees, are renewable. All are gifts that God commands us to manage wisely in Genesis.
Pennsylvania is facing some challenges in this regard, however, as the Susquehanna River shows serious signs of strain, and our world-famous forests face a devastating onslaught of invasive pests and diseases.
John Arway, executive director of the Pennsylvania Fish & Boat Commission, has been advocating for officially declaring the Susquehanna River an “impaired waterway” for years. The data Arway draws upon support his concerns: Dissolved oxygen so low that few animals can live in the water, one of three inter-sex (hermaphroditic) smallmouth bass populations in the country, a bass population with insufficient young to keep the species alive, the remaining bass covered in tumors and pfiesteria lesions, invasive rusty crayfish pushing out the tastier native crayfish, among many other factors. Once-abundant mayfly hatches are now non-existent.
Fishermen used to travel to Harrisburg from around the country to fish for smallmouth bass; not any more.
This past September a friend and I hunted geese out in the river, wading in our shorts. We saw none of the usual turtles, water snakes, birds, or fish that once teemed there, and the water smelled…odd. One day later, a small scratch on my leg had became infected with MRSA, and I spent four days hooked up to increasingly stronger antibiotics at Osteopathic Hospital.
In November, we canoed out to islands and hunted ducks flying south. Except that over the past ten years there are fewer and fewer ducks now flying south along the Susquehanna River. We speculate that there is nothing in it for them to feed upon, and migrating ducks must have turned their attention to more sustaining routes.
The river almost seems….dead.
Feeding the waterways are Pennsylvania’s forests, the envy of forest products producers around the world. Our state’s award-winning public lands and their surrounding mature private forestlands sustainably and renewably produce a greater volume of the widest variety of valuable hardwoods than any other state in America.
Our forest economy isn’t just about timber production, however, as hunting, fishing, and outdoor recreation themselves represent large economic sectors. Our robust black bear and wild turkey populations draw hunters from around the world, but these popular species depend almost entirely on acorns from oak trees; without acorns, they would hardly exist.
The oak forests at the core of our world-famous hunting and valuable timber were once considered under the gun from overabundant deer herds, but with that problem now resolved they face an adversary that could turn them into the 21st century version of the American chestnut – sudden oak death disease.
Recall that the American chestnut, like the now-extinct passenger pigeon, once carpeted the entire east coast with unimaginably abundant white flowers and nutritious nuts that fed wildlife and humans alike, and its wood was a more available version of cypress – strong, rot-resistant, straight grained, easy to work. And then, like the once unimaginably vast swarms of passenger pigeons that had blackened the day sky until they also suddenly disappeared, the mighty chestnut was wiped out in a few short years, 100 years ago, by an imported disease.
Our oaks, ash trees, and walnut trees seem to be facing a similar doomsday right now.
Thousand cankers, emerald ash borer, lanternfly, ailanthus, mile-a-minute weed, Japanese honeysuckle, Asian bittersweet vine, and many, many other non-native invasive plants, bugs, and diseases now threaten our valuable native forests on a scale unimagined just a few years ago.
Ironically, the edges of our state and federal highways appear to be the greatest means of spreading these pests.
Today, Pennsylvania has a true balance of power between Democrat governor-elect Tom Wolf, and an overwhelmingly Republican legislature. There isn’t much policy that these two equal forces are going to agree on. But if there is one area that they should easily find common ground, it is land and water conservation.
Something is seriously wrong with the Susquehanna River, and something is about to be seriously wrong with our forests.
Whether a crushing regulatory response is the appropriate way to address these issues, or not, let’s hope that Pennsylvania state government can help fix these problems before they become catastrophes future history books write about.
Josh First is a businessman in Harrisburg
Good move by Gov. Corbett
If I hear one more false accusation that Tom Corbett is short changing government schools, I am gonna buttonhole that next person who says it. It is not true that government school funding was or has been cut by the Corbett administration. Like so many things that former governor Ed Rendell had done, those previous annual education budgets were temporarily bolstered by one-time FEDERAL money. That funding was never intended to be continuous, and if it is not continuous, then it is in Barack Obama’s hands, not some governor who has zero control over federal spending.
Whatever your beef with Tom Corbett may be, and Lord knows, people have legitimate beefs with him, he is not responsible for “cutting education funding.” That is a lie.
Today, Corbett did the right thing by signing the legislature’s proposed budget, but using his line-item veto power to exclude the state legislature’s hoggish claim to some $72 million taxpayer dollars. I have seen the state legislature hog over $100 million, and even higher, for their pet projects that the careerist leaders and their “pets” use to spend on projects to buy votes and get re-elected.
Corbett is angling for the legislature to return and fix the state pension crisis.
Good move, Tom Corbett.
Happy Birthday, Pennsylvania!
333 years ago this week, Pennsylvania was born, when King Charles signed the Penn Charter, granting William Penn millions of acres of land in the New World. Ever since then, Pennsylvania has been a leader in religious tolerance, democracy, and citizen liberty. Contrast our liberties with, say, adjoining states New York and New Jersey. ‘Nuff said.
Condolences to the Mowery family, who lost former state senator Hal Mowery this week. Hal was a gentleman, cheerful, intelligent, thoughtful, charismatic, and without question the best looking man to ever serve in the Pennsylvania legislature. He will be sorely missed.
It’s official: Sunday hunting in VA
Two weeks ago the Virginia state House passed a Sunday hunting bill out of a committee that had bottled up similar bills for decades before. It was a surprising statement that it actually got through committee. Then it passed the full state House, which surprised even its most ardent sponsors.
Well, today the Virginia state Senate passed the companion bill. It allows hunting on private land on Sunday, a private property rights win if there ever was one. If you pay property taxes, say on a remote mountainside property, and you are deprived of 14.2% of your full use of that property for some vague reason, you might get frustrated. It is your property. You can shoot 1,000 bullets at a target on Sunday, but you cannot shoot just one at a squirrel. Laws like this are by their definition arbitrary, the bane of democracy.
Virginia’s governor says he will sign the bill into law.
Welcome to the modern era, Virginia! We are envious of you.
Kudos to Kathy Davis of PA-based Hunters United for Sunday Hunting (www.huntsunday.org), who has devoted the past two years of her life to this issue, and who helped a great deal with getting the Virginia law passed and the lawsuit filed there. The lawsuit compelled the state legislature to act, before a judge ruled against the state and the entire state was opened up. While I would like to see public land open for Sunday hunting, I am satisfied with private land as a start to implementing it state-wide. This really is an issue of the most basic American rights.
Your Property Rights: Born, and Maybe Dead, on the Fourth of July
Your Private Property Rights: Born, and Possibly Died, on the Fourth of July
July 4, 2013
By Josh First
One hundred and fifty years ago today, in Gettysburg, Pennsylvania, America’s most hallowed ground was established. Over fifty thousand casualties among both Union and Confederate forces resulted from fierce acts of bravery and heroism on both sides over just a few days, including Pickett’s famous last-ditch assault on the Union center, into the teeth of point-blank cannon fire, canister, and grape shot.
The ferocious hand-to-hand fighting along Pickett’s front established the “high water mark” of the Confederacy, and produced the most focused military effort to date by the Union, the success of which gave impetus to the North’s final push to end a malingering war. To make those sacrifices and take those personal risks, you’ve got to really believe in something, a truth summed up brilliantly in Lincoln’s Gettysburg Address. The fact that the battle culminated on Independence Day was not lost on either side.
Ten years ago, I had the honor of purchasing the last outstanding parcel of land on which Pickett’s Charge occurred, at the far eastern end of the field, where the Ohio 8th Regiment was dug in. Over the prior 19 years, the National Park Service had unsuccessfully pursued the “Home Sweet Home” motel, a 1950s-era no-tell hotel on two acres there. It paved over a hasty trench and a temporary field hospital where men from both armies had been treated, before archaeology became vogue.
By 2004, the motel and its blacktop were themselves things of the past, the site archaeology was done, and the final resting place of so many distinguished soldiers was returned to serene grass. It was one of the high points of my career, and I worked so hard on it because, like other Americans who visit Gettysburg, read the Gettysburg Address, and understand Gettysburg’s role, its meaning inspired me. Preserving the Union meant continuing and expanding the American dream. Protecting the Home Sweet Home site meant preserving Gettysburg’s symbolism, protecting that hallowed ground, and enshrining the American Dream of opportunity for all.
One of the most inspiring aspects of America, and core to the American Dream, is the universal concept of private property rights. Because of America’s unique private property rights system, generations of immigrants have moved across mountains and oceans to become Americans, toil hard, and take risks and make sacrifices to improve their standard of living. For hundreds of years, anyone who was willing to work hard could use their private property rights to shelter and feed their family, purchase an education for their children, and build equity for the day when their hands and back might no longer be able to physically toil.
But here in Pennsylvania, just days ago and, oddly, just days before Independence Day, the state legislature passed a two-sentence bill gutting the private property rights of landowners who have leased their land for oil and gas exploration. It was a shameful thing to do, and it is an echo of the midnight legislative pay-raise that cost so many incumbents their seats a few years ago. It is the shady act of some self- anointed few to enrich their political friends, at the huge cost of Pennsylvania’s private landowners.
As I understand it, Governor Tom Corbett is weighing whether or not to sign it into law. I hope he does not sign it. To enact such a law flies in the face of everything that is American. It is against everything that Independence Day stands for. It is against everything that the men at Gettysburg fought and died for, and against everything that America’s Founding Fathers and brave patriots fought for in 1776.
I wish you a happy Independence Day today, and in its spirit I ask that you call your state legislators, and ask them if they voted for this un-American oil and gas bill. If they did, vote them out of office, and show them that the Spirit of 1776 still stands strong. You deserve better, I deserve better, America deserves better.
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